The Court further finds from Defendant Thames' testimony that she is not competent and has very little memory.․It appears that Defendant Thames is not competent and constantly gives contradictory statements. Thames later brought an action in probate court to have a guardian appointed for Thames, alleging she was an “incapacitated person.” The court appointed him guardian, noting that the parties' counsel stipulated that she was incapacitated. E.2d 254, 257-58 (1993) (noting the circuit court may not disturb the probate court's findings of fact on appeal in an action at law unless there is no evidence to support them as compared to an equitable action in which the circuit court may make factual findings according to its own view of the preponderance of evidence).

In May of 1996, Thames, while still living with Verdery, executed a durable power of attorney in Verdery's favor. Thames brought a family court action seeking visitation with or custody of his wife. The gemstones were phenomenal, and so was the company.Adam Alderton, 33, ran 100 meters in 11.2 -- fifth place in an excellent time -- then ran the 110 meter hurdles in 20.2. The probate court dismissed Verdery's action, holding Thames was mentally competent when she executed the power of attorney in favor of Betty Jane Daniels and revoked the former power of attorney which appointed Verdery her attorney in fact. After reviewing the medical evidence, the probate court declined Verdery's request, concluding Thames was mentally competent. Carter, III, of Carter Law Firm, of Orangeburg, for appellant. Mc Kenzie, of Coffey, Chandler & Johnson, of Manning, for respondents. Verdery brought this action seeking to set aside a power of attorney and a revocation of an earlier power of attorney, both executed by her mother, Doris W. Verdery alleges that on December 16, 1996, the date both documents were executed, Thames lacked mental capacity. BACKGROUNDThames, who was in her late eighties at the time of trial, has been married to Harry A. During March of 1996, Verdery attempted to have a guardian and a conservator appointed for her mother, apparently on the ground that her mother suffered from dementia and was mentally incompetent.

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No agent of the holder of the beneficial interest under the mortgage or deed of trust, original trustee or substituted trustee under the deed of trust may record a notice of default or otherwise commence the foreclosure process except when acting within the scope of authority designated by the holder of the beneficial interest.